093_HB1415eng
HB1415 Engrossed LRB093 04306 RLC 04352 b
1 AN ACT in relation to minors.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5 changing Section 3-33 as follows:
6 (705 ILCS 405/3-33) (from Ch. 37, par. 803-33)
7 Sec. 3-33. Truant Minor in Need of Supervision.
8 (a) Definition. A minor who is reported by a regional
9 superintendent of schools, or in cities of over 500,000
10 inhabitants, by the Office of Chronic Truant Adjudication, as
11 a chronic truant shall be adjudged a truant minor in need of
12 supervision.
13 (a-1) There is a rebuttable presumption that a chronic
14 truant is a truant minor in need of supervision.
15 (a-2) There is a rebuttable presumption that school
16 records of a minor's attendance at school are authentic.
17 (a-3) For purposes of this Section, "chronic truant" has
18 the meaning ascribed to it in Section 26-2a of the School
19 Code.
20 (b) Kinds of dispositional orders. A minor found to be
21 a truant minor in need of supervision may be:
22 (1) committed to the appropriate regional
23 superintendent of schools for a multi-disciplinary case
24 staffing, individualized educational plan or service
25 plan, or referral to comprehensive community-based youth
26 services;
27 (2) required to comply with an individualized
28 educational plan or service plan as specifically provided
29 by the appropriate regional superintendent of schools;
30 (3) ordered to obtain counseling or other
31 supportive services;
HB1415 Engrossed -2- LRB093 04306 RLC 04352 b
1 (4) subject to a fine in an amount in excess of $5,
2 but not exceeding $100, and each day of absence without
3 valid cause as defined in Section 26-2a of The School
4 Code is a separate offense;
5 (5) required to perform some reasonable public
6 service work such as, but not limited to, the picking up
7 of litter in public parks or along public highways or the
8 maintenance of public facilities; or
9 (6) subject to having his or her driver's license
10 or driving privilege suspended for a period of time as
11 determined by the court but only until he or she attains
12 18 years of age.
13 A dispositional order may include a fine, public service,
14 or suspension of a driver's license or privilege only if the
15 court has made an express written finding that a truancy
16 prevention program has been offered by the school, regional
17 superintendent of schools, or a community social service
18 agency to the truant minor in need of supervision.
19 (c) Orders entered under this Section may be enforced by
20 contempt proceedings.
21 (d) A minor who is detained in a juvenile detention
22 facility solely because the minor is adjudicated a truant
23 minor in need of supervision shall be kept separate from
24 other minors incarcerated in the facility for offenses which
25 if committed by an adult would be classified as felonies or
26 misdemeanors. A minor who is detained in a juvenile
27 detention facility as a truant minor in need of supervision
28 shall be provided tutors and while detained at the facility
29 shall be assigned appropriate school work as determined by
30 the director of the facility.
31 (Source: P.A. 90-143, eff. 7-23-97; 90-380, eff. 8-14-97;
32 90-590, eff. 1-1-99; 90-655, eff. 7-30-98.)